[ REPUBLIC ACT NO. 9304, July 30, 2004 ]
AN ACT TO ESTABLISH MT. MALINDANG NATURAL PARK, LOCATED IN THE PROVINCE OF MISAMIS OCCIDENTAL AS A PROTECTED AREA AND ITS PERIPHERAL AREAS AS BUFFER ZONE, PROVIDING FOR ITS MANAGEMENT PURSUANT TO REPUBLIC ACT NO. 7586 (NIPAS ACT OF 1992) AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
INTRODUCTORY PROVISIONS
SECTION 1. Title. — This Act shall be known as the "Mt. Malindang Range Natural Park Act of 2004".
SEC. 2. Declaration of Policy. — Considering the importance of Mt. Malindang's unique biological resources and its aesthetic and ecological importance, it behooves the State to undertake steps for its protection and preservation. It is therefore declared the policy of the State to ensure the protection and preservation of Mt. Malindang, the communities, their culture and way of life therein, in accord with the rhythm and harmony of nature. In so doing, the State shall ensure the protection and conservation of biodiversity, sustainable and participatory development, advance and protect interests of its legitimate inhabitants and honor customary laws.
SEC. 3. Category. — Given the physical, natural features, sociocultural and economic importance that contribute to its valuable role as life support system for the people living within and around Mt. Malindang, the evaluation led to its establishment as a "Natural Park" in accordance with Sections 3 (b) and 4 (h) of Republic Act No. 7586, otherwise known as the "National Integrated Protected Areas System (NIPAS) Act."
SEC. 4. Scope. — Mt. Malindang Natural Park Protected Area shall cover parcels of land located in the Cities of Oroquieta, Ozamiz and Tangub and the Municipalities of Concepcion, Sapang Dalaga, Calamba, Aloran, Panaon, Jimenez, Sinacaban, Tudela, Clarin, Bonifacio, Don Victoriano, and Lopez Jaena, all within the Province of Misamis Occidental. It shall have the following boundaries:
Beginning at a point marked "1" on DENR NIPAS Map No. 7 at N 4° 52' 8", 13,316.43 meters more or less, from BLLM No. 35 at 8° 02' 19" latitude, Barangay Tiaman, Municipality of Bonifacio, Misamis Occidental;
The Buffer Zone of Mt. Malindang Natural Park shall have the following technical description:
* corners that correspond with the PPA boundary corners
SEC. 5. Definition of Terms. — The following terms are hereby defined for the purpose of this Act:
(a) Ancestral Domain - refers to all lands and natural resources occupied or possessed by indigenous cultural communities, by themselves or through their ancestors, communally or individually, in accordance with their customs and traditions since time immemorial, continuously to the present except when interrupted by war, force majeure, or displacement by force, deceit or stealth. It includes all adjacent areas generally belonging to them and which are necessary to ensure their economic, social and cultural welfare.
(b) Indigenous Cultural Communities - shall refer to tribes, including but not limited to Subanens, who have continuously lived as communities on communally bounded and defined land since time immemorial and have succeeded in preserving, maintaining and sharing common bonds of language, customs, traditions and other distinctive cultural traits.
(c) Nonrenewable Resources - shall refer to those resources found within the protected area, the natural replenishment rate of which is either not known or takes more than twenty-five (25) years.
(d) Protected Species - any individual species of plants and animals that are or shall be declared as protected under the Philippine laws, rules and regulations issued by the DENR, species listed as protected against trade, hunting and harvest under International Conventions to which the Philippines is or will become signatory including but not limited to the Convention on International Trade of Endangered Species (CITES). In addition to these, they include species, which may be restricted for use under particularly mentioned in the management plan.
(e) Nongovernment Organization (NGO) - shall refer to any civic, developmental or philanthropic organization which is multi-sectoral in character.
(f) People's Organization (PO) - shall refer to any grouping of people formed to advance the interests of the sector represented, provided such sector is marginalized, poor or disempowered.
(g) Public Consultation - a meeting or dialogue with the concerned or affected individuals within and outside the protected are designed to identify and resolve issues and problems affecting them.
CHAPTER II
PROTECTED AREA MANAGEMENT
SEC. 6. Management Plan. — The Protected Area Superintendent (PASu) shall prepare the management plan in coordination with the appropriate offices of the DENR, technical experts, local communities and tribal experts who have experience in the particular cultures in the area. The Management Plan shall be reviewed, approved and adopted by the Protected Area Management Board (PAMB) and certified by the Secretary. Such certification is mandatory if the plan conforms to all laws, rules and regulations issued by the DENR of national application. In no case shall the Management Plan be revised or modified without prior consultation with the PAMB.
Within one year from the effectivity of this Act, a Management Plan shall be put into effect following the General Management Planning Strategy provided for under the NIPAS Act and according to the Procedure herein set forth. It shall contain, among others, the following:
(a) Period of applicability of the plan
(b) Key Management Issues
(c) Goals and Objectives
(d) Site Management Strategy
(e) Major management activities such as, but not limited to enforcement of laws, habitat and wildlife management, sustainable use management, infrastructure development, visitor management program, and maintenance, fire and pest control etc.
(f) Zoning
The PASu shall prepare all successor plans. Two (2) years before the expiration of the period of applicability of the plan in effect, the PASu shall cause publication of notices for comments and suggestions on the next successor plan in a newspaper of local circulation and the posting of such notices in the provincial, municipal and barangay halls and in three other areas frequented by the public. Public hearings may be conducted on the successor plan upon the written request of any interested party. The proposed plan shall be made available to the public during the period for comment and a finalized plan shall be made available for public perusal at the Office of the PASu upon approval of the PAMB.
The zoning of the protected area shall give primary consideration to the traditional zones used and recognized by indigenous cultural communities and, whenever applicable, those that have been sustainably used by tenured migrant communities for an applicable length of time unless such uses are deemed detrimental to biodiversity and protection of the natural characteristics of the protected area.
The plan shall be in the language understandable in the area, plainly written and available for perusal to the general public at the PASu office.
SEC. 7. Institutional Mechanisms.— The following administrative and policy-making mechanisms shall apply:
(A) There shall be a Protected Area Management Board which shall be the policy-making body of the protected area, It shall be composed of:
(1) The Regional Executive Director of the DENR or his authorized representative, who shall act as the Chairman;
(2) One representative from each municipal or city government with territory inside the protected area or their authorized representatives;
(3) One representative from each barangay with territory inside the protected area or their authorized representatives;
(4) At least three representatives from local NGOs operating within the MMTNP, chosen among themselves, as members. For POs, it should have one representative from each municipality with territory within MMRNP, chosen from among themselves;
(5) Other Government Agencies with active role in the management by the Governor;
(6) The Provincial Planning and Development Officer and the Provincial DILG Officer shall sit as ex officio members to be endorsed by the Governor;
(7) One representative from each indigenous cultural community within the protected area chosen using customary practices.
Every member of the PAMB shall serve for a term of five years, shall be considered to represent and carry the vote of such sector in all matters. In case of members who are government officials, the membership shall be attached to the office held.
(B) The PAMB of Mt. Malindang Natural Park shall have the following powers and functions:
(1) Issue all rules and regulations to prohibit and regulate acts that may be prejudicial to the protected areas and the policy declaration herein set forth;
(2) Establish criteria and set fees for the issuance of permits for the activities regulated by this Act or the management plan;
(3) Adopt rules of procedure for the conduct of business, including the creation of committees to whom its powers may be delegated;
(4) Approve the management plan and oversee the office of the PASu;
(5) Recommend to the DENR Secretary or Regional Director interested individuals who will enforce the laws, rules and regulations governing the protected area;
(6) The Board shall have the power to recommend interested individuals for the enforcement of the laws, rules and regulations governing the protected area to be approved by the DENR Secretary or Regional Director;
(7) Accept donations, approve proposals for funding, budget allocations and exercise accountability over all funds that may accrue to the Mt. Malindang Natural Park;
(8) Retain legal counsel, either on a permanent or temporary basis, to defend cases against the PAMB and the PASu staff whenever they are sued in connection with the performance of their duties under this Act; and
(9) Identify the tenure migrants and recommend the issuance of corresponding appropriate tenurial instruments.
The DENR, through the Regional Director or any duly authorized official, shall exercise authority to oversee the PAMB to ensure that it is acting within the scope of its powers and functions. In case of a conflict between administrative orders issued by the DENR pursuant to the NIPAS Act for national application and the rules and regulations issued by the PAMB, the PAMB shall notify the Secretary of the DENR who shall decide whether to apply the rule or withdraw its application for Mt. Malindang Natural Park.
SEC. 8. The Protected Area Superintendent Office. —There shall be a Protected Area Superintendent (PASu) within the Department of Environment and Natural Resources, who shall serve as the chief operating officer of the protected area.
The PASu shall have the following powers and functions:
(1) Prepare the management and successor plans as here provided;
(2) Serve as the Secretariat for the PAMB with the duty to provide the PAMB with all the information necessary for it to make appropriate decisions when necessary;
(3) Hire, dismiss and supervise the necessary personnel to support operation as the budgets made available by the PAMB may allow;
(4) Establish a productive partnership with local community, including groups interested in the achievement of the goals and objectives of the protected area and in the planning, protected and management thereof;
(5) Develop and implement park information, education and visitor programs;
(6) Enforce the laws, rules and regulations relevant to the protected area and assist in the prosecution of offenses;
(7) Monitor all activities within the protected area for conformity with the management plan;
(8) Perform such other functions as the PAMB may assign;
(9) Implement the plans, programs and resolutions stated in the Management Plan or passed and approved by the PAMB.
SEC. 9. Ancestral Lands and Domains. — For the purpose of this Act, the following shall govern Ancestral Lands and Domains in the protected area:
(a) The rights of indigenous peoples to their ancestral domains are hereby fully recognized. Traditional property regimes exercised by indigenous cultural communities in accordance with their customary laws shall govern the relationship of all individuals within their communities with respect to all land and resources found within ancestral lands.
(b) Presumptions - The following presumptions shall govern, unless proven to be contrary to documented or oral custom by clear and convincing evidence in the proper administrative or judicial proceeding providing hearing to all parties concerned
(i) All lands occupied by indigenous cultural communities since time immemorial shall be presumed to be ancestral lands. Rights and obligations within ancestral lands are presumed to be governed by customary law.
(ii) Rights and obligations within ancestral lands governed by customary law are presumed to be held collectively by the community.
(iii) Rights and obligations within ancestral lands proven to be held by individuals under customary law are presumed to be held in trust by such individuals for the whole community.
(iv) The continued practice of traditional and sustainable living shall be sufficient consideration for the State in place of the payment of taxes on ancestral domains.
Owing to differences in cultural and social world views, the provisions of this Act shall be liberally construed in favor of indigenous cultural communities and their members.
SEC. 10. Tenured Migrants and Transient Farmers. — Tenured migrants are those members of households that have actually and continuously occupied the Mt. Malindang Range Natural Park since June 1, 1987, basing the data from the 1999 Survey and Registration of Protected Area Occupants (SRPAO) and are substantially dependent on the protected area of their livelihood. For purposes of official documentation of rights and extent of occupation within the protected area, the tenured migrant household shall be issued a tenure instrument over such areas as have been occupied or cultivated since June 1, 1987 or earlier. Tenured migrants may occupy and use the area specified in the intrument for a term of twenty-five (25) years renewable for another twenty-five (25) years. The holder of the instrument, upon the lapse of this period, may negotiate for a new instrument and his occupancy shall be evaluated by the PAMB for purposes of such renewal.
If despite consideration paid to current practices, areas occupied by tenured migrants are designated as zones in which transfer to multiple-use zones or buffer zones shall be accomplished using humanitarian considerations.
Persons who have been cultivating land within the protected area since June 1, 1987 are considered to be occupying such lands and shall be entitled to a tenure instrument restricted to cultivation: Provided, that the rights under such can only be transferred to direct descendants.
Tenured migrant instruments may be cancelled for violation of the terms and conditions specified therein, upon the holders' repeated refusal to comply with management plan or the regulations set by the PAMB or by voluntary surrender of rights. Upon cancellation of a tenured migrant instrument, the PASu shall take immediate steps to rehabilitate the area in order to return it to its natural state prior to the cultivation or other act by the transient or tenured migrant.
Tenured migrant instruments are transferable only to the nearest of kin: Provided, That if the land is idle for a minimum of five (5) years, the PAMB will initiate the control and management of the area.
SEC. 11. Prohibited Acts. — The following shall be the prohibitions and penalties applicable to the protected area:
A. The penalties in Articles 309 and 310 of the Revised Penal Code and/or Section 21 of republic Act No. 7586 depending on the value of the resources taken, damaged or destroyed shall be imposed upon my person who do:
(i) Hunting, destroying, trapping, disturbing or possessing of any wild plants or animals or products derived therefrom anywhere within Mt. Malindang Range Natural Park without a permit from the PAMB: Provided, That such permits shall only be given for scientific purposes necessary for protected area management;
(ii) Cutting, gathering, collection or removing timber or forest products without permit: Provided, That such permits shall only be given for scientific purposes necessary for the Protected area management;
(iii) Entry to the protected area or processing outside the protected area any wild plants or animals or products derived therefrom which came from the protected area without permit issued by PAMB;
(iv) Mineral exploration or extraction, drilling or prospecting for minerals within the Mt. Malindang Range Natural Park;
(v) Constructing or maintaining any kind of road, structure, fence or enclosure without a permit from the PAMB: Provided, That structures within ancestral domains used by indigenous cultural communities need not be under a permit from the PAMB.
Valuation of the damage shall take into account biodiversity and conservation consideration as well as aesthetic and scenic value. Commission of these acts likewise carry the penalty of eviction from the Protected Area and the forfeiture of all transportation, structures and building materials, equipment, devices and weapons used for the commission of the offense as well a the protected area resources caught in the possession of the accused.
The local government unit responsible for the imposition of the penalties herein and the arrest and confiscation of the materials shall have a fifty percent (50%) share in the disposition thereof while the rest shall accrue to the PAMB.
SEC. 12. Contracts Over Lands within the Mt. Malindang Natural Park. — The purchase, sale, encumbrance, mortgage, usufruct or lease of lands within the protected area to persons outside the protected area not otherwise qualified to hold lands therein shall be null and void ab initio.
SEC. 13. Special Prosecutors. — Within thirty (30) days from the effectivity of this Act, the Department of Justice shall designate a Special Prosecutor to whom all cases of violation on laws, rules and regulations in the PA shall be assigned. Such special prosecutor shall coordinate with the PAMB and the PASu in the performance of his/her duties and assist in the training on wardens and rangers in arrest and criminal procedure. The PAMB may appoint a special private prosecutor on a case basis to assist the public prosecutor in the enforcement of protected area laws.
SEC. 14. Local Government Units. — Local government units shall participate in the management of the Mt. Malindang Natural Park through representation in the PAMB as provided under Section 7A. The LGU retains its ordinance-making powers over the territory covered under this Act but with due consideration to the protected area management objectives. If a conflict between the LGU and the protected area management objectives remain unresolved within the PAMB, it shall be resolved through mediation.
SEC. 15. Integrated Protected Area Fund of the Mt. Malindang Natural Park. — the Integrated Protected Area Fund (IPAF) shall be established as a special trust fund and shall be disbursed solely for the protection, maintenance, administration and management of Mt. Malindang Natural Park and the System. At least seventy-five percent (75%) of the funds collected shall form part of Mt. Malindang Natural Park Subfund which shall be solely disbursed for its use. The Mt. Malindang Natural Park Subfund shall likewise be exempted from being deposited in the National treasury and shall be made readily available for disbursement upon proper approval of Mt. Malindang Natural Park and the PAMB, subject to the usual accounting and auditing rules and regulations.
The following shall constitute part of the Integrated Protected Area Funds and shall be subject to the PAMB acted policy the moment they accrue.
(1) Proceeds from special land use and resource utilization from commercially used ancestral domain, as may be set by the PAMB;
(2) Fees derived from permitted collection of wild flora and fauna and other resources within the protected area as may be set by the Department and the PAMB;
(3) Fees from industries and facilities directly benefiting from the protected area;
(4) Fines and fees, including protected area entry visitors'/users', as maybe imposed and collected from the operation of the protected area and set by the PAMB;
(5) Contributions, donations, endowments and grants from any legal source intended for the operation of the protected area.
All donations, contributions, endowments and grants to Mt. Malindang Natural Park shall accrue in toto to its protected area subfund.
The local government unit shall continue to impose and collect all other fees not enumerated herein which it has usually collected such as, but not limited to, business permits, property taxes and rentals of local government unit facilities. Furthermore, local government units may charge add-ons to fees imposed by the PAMB: Provided, That such add-ons shall be determined based on the contribution of the local government unit in the maintenance and protection of the protected area.
SEC. 16. Utilization of Non-renewable Resources. — Any exploration for, exploitation or utilization of non-renewable resources within the protected area shall not be allowed. Energy projects, whether renewable or otherwise, shall be permitted only through an Act of Congress.
SEC. 17. Appropriations. — To carry out the implementation of this Act, an annual aggregate amount of Seven million six hundred sixty thousand one hundred twenty-two pesos (7,660,122.00) shall be included in the annual General Appropriations Act and allocated for the use of Mt. Malindang Natural Park.
SEC. 18. Construction. — The provisions of this Act shall be construed liberally in favor of tenured migrants and indigenous cultural communities and with due consideration to the protection of biodiversity. The NIPAS Act shall have supplementary effect in the implementation of this Act.
SEC. 19. Repealing Clause. — For the purposes of the Mt. Malindang Natural Park, all laws, rules and regulations inconsistent herewith are modified accordingly. The prohibitions and penalties under the NIPAS Act are hereby superseded for the entire area covered by this Act.
SEC. 20. Separability Clause. — If any part or section of this Act is declared by the courts as unconstitutional, such declaration shall not affect the other parts or sections hereof.
SEC. 21. Transitory Provision. — All persons who do not qualify as tenured migrants, transient farmers or not part nor qualify under Section 8 of this Act within the protected area, shall be allowed to harvest fruits or crops planted before the effectivity of this Act. Thereafter, all planted crops of such unqualified persons shall be confiscated and the proceeds thereof shall accrue to the IPAF.
SEC. 22. Effectivity Clause. — This Act shall take effect upon its approval.
Approved: July 30, 2004
INTRODUCTORY PROVISIONS
SECTION 1. Title. — This Act shall be known as the "Mt. Malindang Range Natural Park Act of 2004".
SEC. 2. Declaration of Policy. — Considering the importance of Mt. Malindang's unique biological resources and its aesthetic and ecological importance, it behooves the State to undertake steps for its protection and preservation. It is therefore declared the policy of the State to ensure the protection and preservation of Mt. Malindang, the communities, their culture and way of life therein, in accord with the rhythm and harmony of nature. In so doing, the State shall ensure the protection and conservation of biodiversity, sustainable and participatory development, advance and protect interests of its legitimate inhabitants and honor customary laws.
SEC. 3. Category. — Given the physical, natural features, sociocultural and economic importance that contribute to its valuable role as life support system for the people living within and around Mt. Malindang, the evaluation led to its establishment as a "Natural Park" in accordance with Sections 3 (b) and 4 (h) of Republic Act No. 7586, otherwise known as the "National Integrated Protected Areas System (NIPAS) Act."
SEC. 4. Scope. — Mt. Malindang Natural Park Protected Area shall cover parcels of land located in the Cities of Oroquieta, Ozamiz and Tangub and the Municipalities of Concepcion, Sapang Dalaga, Calamba, Aloran, Panaon, Jimenez, Sinacaban, Tudela, Clarin, Bonifacio, Don Victoriano, and Lopez Jaena, all within the Province of Misamis Occidental. It shall have the following boundaries:
Beginning at a point marked "1" on DENR NIPAS Map No. 7 at N 4° 52' 8", 13,316.43 meters more or less, from BLLM No. 35 at 8° 02' 19" latitude, Barangay Tiaman, Municipality of Bonifacio, Misamis Occidental;
containing an aggregate area of thirty-four thousand six hundred ninety-four (34,694) hectares, more or less.
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The Buffer Zone of Mt. Malindang Natural Park shall have the following technical description:
containing an aggregate area of eighteen thousand three hundred thirty-four (118,334) hectares, more or less, subject to actual ground survey.
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* corners that correspond with the PPA boundary corners
SEC. 5. Definition of Terms. — The following terms are hereby defined for the purpose of this Act:
(a) Ancestral Domain - refers to all lands and natural resources occupied or possessed by indigenous cultural communities, by themselves or through their ancestors, communally or individually, in accordance with their customs and traditions since time immemorial, continuously to the present except when interrupted by war, force majeure, or displacement by force, deceit or stealth. It includes all adjacent areas generally belonging to them and which are necessary to ensure their economic, social and cultural welfare.
(b) Indigenous Cultural Communities - shall refer to tribes, including but not limited to Subanens, who have continuously lived as communities on communally bounded and defined land since time immemorial and have succeeded in preserving, maintaining and sharing common bonds of language, customs, traditions and other distinctive cultural traits.
(c) Nonrenewable Resources - shall refer to those resources found within the protected area, the natural replenishment rate of which is either not known or takes more than twenty-five (25) years.
(d) Protected Species - any individual species of plants and animals that are or shall be declared as protected under the Philippine laws, rules and regulations issued by the DENR, species listed as protected against trade, hunting and harvest under International Conventions to which the Philippines is or will become signatory including but not limited to the Convention on International Trade of Endangered Species (CITES). In addition to these, they include species, which may be restricted for use under particularly mentioned in the management plan.
(e) Nongovernment Organization (NGO) - shall refer to any civic, developmental or philanthropic organization which is multi-sectoral in character.
(f) People's Organization (PO) - shall refer to any grouping of people formed to advance the interests of the sector represented, provided such sector is marginalized, poor or disempowered.
(g) Public Consultation - a meeting or dialogue with the concerned or affected individuals within and outside the protected are designed to identify and resolve issues and problems affecting them.
PROTECTED AREA MANAGEMENT
SEC. 6. Management Plan. — The Protected Area Superintendent (PASu) shall prepare the management plan in coordination with the appropriate offices of the DENR, technical experts, local communities and tribal experts who have experience in the particular cultures in the area. The Management Plan shall be reviewed, approved and adopted by the Protected Area Management Board (PAMB) and certified by the Secretary. Such certification is mandatory if the plan conforms to all laws, rules and regulations issued by the DENR of national application. In no case shall the Management Plan be revised or modified without prior consultation with the PAMB.
Within one year from the effectivity of this Act, a Management Plan shall be put into effect following the General Management Planning Strategy provided for under the NIPAS Act and according to the Procedure herein set forth. It shall contain, among others, the following:
(a) Period of applicability of the plan
(b) Key Management Issues
(c) Goals and Objectives
(d) Site Management Strategy
(e) Major management activities such as, but not limited to enforcement of laws, habitat and wildlife management, sustainable use management, infrastructure development, visitor management program, and maintenance, fire and pest control etc.
(f) Zoning
The PASu shall prepare all successor plans. Two (2) years before the expiration of the period of applicability of the plan in effect, the PASu shall cause publication of notices for comments and suggestions on the next successor plan in a newspaper of local circulation and the posting of such notices in the provincial, municipal and barangay halls and in three other areas frequented by the public. Public hearings may be conducted on the successor plan upon the written request of any interested party. The proposed plan shall be made available to the public during the period for comment and a finalized plan shall be made available for public perusal at the Office of the PASu upon approval of the PAMB.
The zoning of the protected area shall give primary consideration to the traditional zones used and recognized by indigenous cultural communities and, whenever applicable, those that have been sustainably used by tenured migrant communities for an applicable length of time unless such uses are deemed detrimental to biodiversity and protection of the natural characteristics of the protected area.
The plan shall be in the language understandable in the area, plainly written and available for perusal to the general public at the PASu office.
SEC. 7. Institutional Mechanisms.— The following administrative and policy-making mechanisms shall apply:
(A) There shall be a Protected Area Management Board which shall be the policy-making body of the protected area, It shall be composed of:
(1) The Regional Executive Director of the DENR or his authorized representative, who shall act as the Chairman;
(2) One representative from each municipal or city government with territory inside the protected area or their authorized representatives;
(3) One representative from each barangay with territory inside the protected area or their authorized representatives;
(4) At least three representatives from local NGOs operating within the MMTNP, chosen among themselves, as members. For POs, it should have one representative from each municipality with territory within MMRNP, chosen from among themselves;
(5) Other Government Agencies with active role in the management by the Governor;
(6) The Provincial Planning and Development Officer and the Provincial DILG Officer shall sit as ex officio members to be endorsed by the Governor;
(7) One representative from each indigenous cultural community within the protected area chosen using customary practices.
Every member of the PAMB shall serve for a term of five years, shall be considered to represent and carry the vote of such sector in all matters. In case of members who are government officials, the membership shall be attached to the office held.
(B) The PAMB of Mt. Malindang Natural Park shall have the following powers and functions:
(1) Issue all rules and regulations to prohibit and regulate acts that may be prejudicial to the protected areas and the policy declaration herein set forth;
(2) Establish criteria and set fees for the issuance of permits for the activities regulated by this Act or the management plan;
(3) Adopt rules of procedure for the conduct of business, including the creation of committees to whom its powers may be delegated;
(4) Approve the management plan and oversee the office of the PASu;
(5) Recommend to the DENR Secretary or Regional Director interested individuals who will enforce the laws, rules and regulations governing the protected area;
(6) The Board shall have the power to recommend interested individuals for the enforcement of the laws, rules and regulations governing the protected area to be approved by the DENR Secretary or Regional Director;
(7) Accept donations, approve proposals for funding, budget allocations and exercise accountability over all funds that may accrue to the Mt. Malindang Natural Park;
(8) Retain legal counsel, either on a permanent or temporary basis, to defend cases against the PAMB and the PASu staff whenever they are sued in connection with the performance of their duties under this Act; and
(9) Identify the tenure migrants and recommend the issuance of corresponding appropriate tenurial instruments.
The DENR, through the Regional Director or any duly authorized official, shall exercise authority to oversee the PAMB to ensure that it is acting within the scope of its powers and functions. In case of a conflict between administrative orders issued by the DENR pursuant to the NIPAS Act for national application and the rules and regulations issued by the PAMB, the PAMB shall notify the Secretary of the DENR who shall decide whether to apply the rule or withdraw its application for Mt. Malindang Natural Park.
SEC. 8. The Protected Area Superintendent Office. —There shall be a Protected Area Superintendent (PASu) within the Department of Environment and Natural Resources, who shall serve as the chief operating officer of the protected area.
The PASu shall have the following powers and functions:
(1) Prepare the management and successor plans as here provided;
(2) Serve as the Secretariat for the PAMB with the duty to provide the PAMB with all the information necessary for it to make appropriate decisions when necessary;
(3) Hire, dismiss and supervise the necessary personnel to support operation as the budgets made available by the PAMB may allow;
(4) Establish a productive partnership with local community, including groups interested in the achievement of the goals and objectives of the protected area and in the planning, protected and management thereof;
(5) Develop and implement park information, education and visitor programs;
(6) Enforce the laws, rules and regulations relevant to the protected area and assist in the prosecution of offenses;
(7) Monitor all activities within the protected area for conformity with the management plan;
(8) Perform such other functions as the PAMB may assign;
(9) Implement the plans, programs and resolutions stated in the Management Plan or passed and approved by the PAMB.
SEC. 9. Ancestral Lands and Domains. — For the purpose of this Act, the following shall govern Ancestral Lands and Domains in the protected area:
(a) The rights of indigenous peoples to their ancestral domains are hereby fully recognized. Traditional property regimes exercised by indigenous cultural communities in accordance with their customary laws shall govern the relationship of all individuals within their communities with respect to all land and resources found within ancestral lands.
(b) Presumptions - The following presumptions shall govern, unless proven to be contrary to documented or oral custom by clear and convincing evidence in the proper administrative or judicial proceeding providing hearing to all parties concerned
(i) All lands occupied by indigenous cultural communities since time immemorial shall be presumed to be ancestral lands. Rights and obligations within ancestral lands are presumed to be governed by customary law.
(ii) Rights and obligations within ancestral lands governed by customary law are presumed to be held collectively by the community.
(iii) Rights and obligations within ancestral lands proven to be held by individuals under customary law are presumed to be held in trust by such individuals for the whole community.
(iv) The continued practice of traditional and sustainable living shall be sufficient consideration for the State in place of the payment of taxes on ancestral domains.
Owing to differences in cultural and social world views, the provisions of this Act shall be liberally construed in favor of indigenous cultural communities and their members.
SEC. 10. Tenured Migrants and Transient Farmers. — Tenured migrants are those members of households that have actually and continuously occupied the Mt. Malindang Range Natural Park since June 1, 1987, basing the data from the 1999 Survey and Registration of Protected Area Occupants (SRPAO) and are substantially dependent on the protected area of their livelihood. For purposes of official documentation of rights and extent of occupation within the protected area, the tenured migrant household shall be issued a tenure instrument over such areas as have been occupied or cultivated since June 1, 1987 or earlier. Tenured migrants may occupy and use the area specified in the intrument for a term of twenty-five (25) years renewable for another twenty-five (25) years. The holder of the instrument, upon the lapse of this period, may negotiate for a new instrument and his occupancy shall be evaluated by the PAMB for purposes of such renewal.
If despite consideration paid to current practices, areas occupied by tenured migrants are designated as zones in which transfer to multiple-use zones or buffer zones shall be accomplished using humanitarian considerations.
Persons who have been cultivating land within the protected area since June 1, 1987 are considered to be occupying such lands and shall be entitled to a tenure instrument restricted to cultivation: Provided, that the rights under such can only be transferred to direct descendants.
Tenured migrant instruments may be cancelled for violation of the terms and conditions specified therein, upon the holders' repeated refusal to comply with management plan or the regulations set by the PAMB or by voluntary surrender of rights. Upon cancellation of a tenured migrant instrument, the PASu shall take immediate steps to rehabilitate the area in order to return it to its natural state prior to the cultivation or other act by the transient or tenured migrant.
Tenured migrant instruments are transferable only to the nearest of kin: Provided, That if the land is idle for a minimum of five (5) years, the PAMB will initiate the control and management of the area.
SEC. 11. Prohibited Acts. — The following shall be the prohibitions and penalties applicable to the protected area:
A. The penalties in Articles 309 and 310 of the Revised Penal Code and/or Section 21 of republic Act No. 7586 depending on the value of the resources taken, damaged or destroyed shall be imposed upon my person who do:
(i) Hunting, destroying, trapping, disturbing or possessing of any wild plants or animals or products derived therefrom anywhere within Mt. Malindang Range Natural Park without a permit from the PAMB: Provided, That such permits shall only be given for scientific purposes necessary for protected area management;
(ii) Cutting, gathering, collection or removing timber or forest products without permit: Provided, That such permits shall only be given for scientific purposes necessary for the Protected area management;
(iii) Entry to the protected area or processing outside the protected area any wild plants or animals or products derived therefrom which came from the protected area without permit issued by PAMB;
(iv) Mineral exploration or extraction, drilling or prospecting for minerals within the Mt. Malindang Range Natural Park;
(v) Constructing or maintaining any kind of road, structure, fence or enclosure without a permit from the PAMB: Provided, That structures within ancestral domains used by indigenous cultural communities need not be under a permit from the PAMB.
Valuation of the damage shall take into account biodiversity and conservation consideration as well as aesthetic and scenic value. Commission of these acts likewise carry the penalty of eviction from the Protected Area and the forfeiture of all transportation, structures and building materials, equipment, devices and weapons used for the commission of the offense as well a the protected area resources caught in the possession of the accused.
The local government unit responsible for the imposition of the penalties herein and the arrest and confiscation of the materials shall have a fifty percent (50%) share in the disposition thereof while the rest shall accrue to the PAMB.
SEC. 12. Contracts Over Lands within the Mt. Malindang Natural Park. — The purchase, sale, encumbrance, mortgage, usufruct or lease of lands within the protected area to persons outside the protected area not otherwise qualified to hold lands therein shall be null and void ab initio.
SEC. 13. Special Prosecutors. — Within thirty (30) days from the effectivity of this Act, the Department of Justice shall designate a Special Prosecutor to whom all cases of violation on laws, rules and regulations in the PA shall be assigned. Such special prosecutor shall coordinate with the PAMB and the PASu in the performance of his/her duties and assist in the training on wardens and rangers in arrest and criminal procedure. The PAMB may appoint a special private prosecutor on a case basis to assist the public prosecutor in the enforcement of protected area laws.
SEC. 14. Local Government Units. — Local government units shall participate in the management of the Mt. Malindang Natural Park through representation in the PAMB as provided under Section 7A. The LGU retains its ordinance-making powers over the territory covered under this Act but with due consideration to the protected area management objectives. If a conflict between the LGU and the protected area management objectives remain unresolved within the PAMB, it shall be resolved through mediation.
SEC. 15. Integrated Protected Area Fund of the Mt. Malindang Natural Park. — the Integrated Protected Area Fund (IPAF) shall be established as a special trust fund and shall be disbursed solely for the protection, maintenance, administration and management of Mt. Malindang Natural Park and the System. At least seventy-five percent (75%) of the funds collected shall form part of Mt. Malindang Natural Park Subfund which shall be solely disbursed for its use. The Mt. Malindang Natural Park Subfund shall likewise be exempted from being deposited in the National treasury and shall be made readily available for disbursement upon proper approval of Mt. Malindang Natural Park and the PAMB, subject to the usual accounting and auditing rules and regulations.
The following shall constitute part of the Integrated Protected Area Funds and shall be subject to the PAMB acted policy the moment they accrue.
(1) Proceeds from special land use and resource utilization from commercially used ancestral domain, as may be set by the PAMB;
(2) Fees derived from permitted collection of wild flora and fauna and other resources within the protected area as may be set by the Department and the PAMB;
(3) Fees from industries and facilities directly benefiting from the protected area;
(4) Fines and fees, including protected area entry visitors'/users', as maybe imposed and collected from the operation of the protected area and set by the PAMB;
(5) Contributions, donations, endowments and grants from any legal source intended for the operation of the protected area.
All donations, contributions, endowments and grants to Mt. Malindang Natural Park shall accrue in toto to its protected area subfund.
The local government unit shall continue to impose and collect all other fees not enumerated herein which it has usually collected such as, but not limited to, business permits, property taxes and rentals of local government unit facilities. Furthermore, local government units may charge add-ons to fees imposed by the PAMB: Provided, That such add-ons shall be determined based on the contribution of the local government unit in the maintenance and protection of the protected area.
SEC. 16. Utilization of Non-renewable Resources. — Any exploration for, exploitation or utilization of non-renewable resources within the protected area shall not be allowed. Energy projects, whether renewable or otherwise, shall be permitted only through an Act of Congress.
SEC. 17. Appropriations. — To carry out the implementation of this Act, an annual aggregate amount of Seven million six hundred sixty thousand one hundred twenty-two pesos (7,660,122.00) shall be included in the annual General Appropriations Act and allocated for the use of Mt. Malindang Natural Park.
SEC. 18. Construction. — The provisions of this Act shall be construed liberally in favor of tenured migrants and indigenous cultural communities and with due consideration to the protection of biodiversity. The NIPAS Act shall have supplementary effect in the implementation of this Act.
SEC. 19. Repealing Clause. — For the purposes of the Mt. Malindang Natural Park, all laws, rules and regulations inconsistent herewith are modified accordingly. The prohibitions and penalties under the NIPAS Act are hereby superseded for the entire area covered by this Act.
SEC. 20. Separability Clause. — If any part or section of this Act is declared by the courts as unconstitutional, such declaration shall not affect the other parts or sections hereof.
SEC. 21. Transitory Provision. — All persons who do not qualify as tenured migrants, transient farmers or not part nor qualify under Section 8 of this Act within the protected area, shall be allowed to harvest fruits or crops planted before the effectivity of this Act. Thereafter, all planted crops of such unqualified persons shall be confiscated and the proceeds thereof shall accrue to the IPAF.
SEC. 22. Effectivity Clause. — This Act shall take effect upon its approval.
Approved: July 30, 2004